§ 1177 — Buffalo Sewer Authority

New York § 1177

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 8: Buffalo Sewer Authority
• Art. 5: Public Utility Authorities

Text

§ 1177. Buffalo Sewer Authority. 1. A board, to be known as "Buffalo\nSewer Authority," is hereby created. Such board shall be a body\ncorporate and politic constituting a public benefit corporation. Such\nboard shall consist of five members, each of whom shall be a resident of\nthe city of Buffalo and who shall be appointed by the mayor of the city.\nOne shall be designated by him to serve until July first, nineteen\nhundred thirty-six, two shall be designated by him to serve until July\nfirst, nineteen hundred thirty-seven, and two shall be designated by him\nto serve until July first, nineteen hundred thirty-eight. Upon the\nexpiration of the term of each member, a successor shall be appointed by\nthe mayor for a term expiring three years after the expiration of the\nterm of his predecessor. The mayor may remove any member of the board\nafter giving to such member a copy of the charges against him and an\nopportunity to be heard in his defense. If a vacancy shall occur by\nreason of the death, disqualification, resignation or removal of a\nmember, his successor shall be appointed by the mayor for the unexpired\nterm. Every appointment to the board shall be subject to confirmation by\nthe common council of the city. The powers of the board shall be vested\nin and exercised by a majority of the members thereof then in office.\nSuch board and its corporate existence shall continue only for a period\nof five years and thereafter until all its liabilities have been met and\nits bonds have been paid in full or such liabilities or bonds have\notherwise been discharged. Upon its ceasing to exist all its rights and\nproperties shall pass to the city of Buffalo. The members of the board\nshall be compensated at the rate of twenty-five hundred dollars per\nannum each for a full year's service and the chairman of the board shall\nbe compensated at the rate of thirty-five hundred dollars per annum for\na full year's service, and in addition thereto, they shall be entitled\nto reimbursement of their actual and necessary expenses incurred in the\nperformance of their official duties. At the first meeting of the board\nand at the first meeting thereof in each fiscal year thereafter the\nmembers of the board shall choose from their number a chairman, a\nvice-chairman and a secretary. The board may appoint agents and\nemployees with such powers and duties as it may determine and shall fix\ntheir compensation and pay the same out of funds of the authority.\nExcept as otherwise provided herein or by the board, the corporation\ncounsel of the city shall be the attorney for the authority and shall\nprosecute and defend all actions and proceedings brought by or against\nthe authority and shall institute and conduct all legal proceedings by\nthe authority in the exercise of its powers of eminent domain. The\nauthority may also use the agents, employees, records and equipment of\nthe city with the consent of the city.\n 2. The purpose of this title, among other things, is to provide for\nthe jurisdiction, control, possession, supervision and use of the\nfacilities; authorization to make rules and regulations in furtherance\nof this title; the enforcement of this title, the rules, regulations,\npermits and orders of the authority in connection with the direct or\nindirect use of the facilities by persons within the city and the county\nof Erie and any other persons from whom the authority accepts, treats\nand disposes of sewage, industrial waste, and other waste, from whatever\nsource derived; and to enable the authority to comply with all\napplicable laws of the United States and the state of New York, and the\nrules, regulations, permits and orders of their regulatory agencies.\n 3. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people served by the facilities and the state, for\nthe improvement of their health, welfare and prosperity and that the\nsaid purposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon by this title.\n